city and county of honolulu...honolulu, dated march 20, 2020 (“mayor’s rules”) promulgated...

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KIRK W. CALDWELL MAYOR ROY K. AMEMIYA, JR. MANAGING DIRECTOR GEORGETTE T. DEEMER DEPUTY MANAGING DIRECTOR OFFICE OF THE MAYOR CITY AND COUNTY OF HONOLULU 530 SOUTH KING STREET, ROOM 300 HONOLULU, HAWAII 96813 PHONE: (808) 768-4141 FAX: (808) 768-4242 INTERNET: www.honolulu.gov August 25, 2020 OFFICE OF THE MAYOR CITY AND COUNTY OF HONOLULU EMERGENCY ORDER NO. 2020-25 (COVID-19 [Novel Coronavirus]) SECOND STAY AT HOME / WORK FROM HOME ORDER By the authority vested in me as Mayor of the City and County of Honolulu (the “City”) pursuant to Revised Charter of the City and County of Honolulu 1973 (2017 Edition), as amended; the Revised Ordinances of the City and County of Honolulu 1990, as amended; the Hawai’i Revised Statutes, as amended (“Haw. Rev. Stat.”), the Constitution and laws of the State of Hawai’i, I, KIRK W. CALDWELL, hereby issue this Second Stay At Home / Work From Home order (the “Order”) to further address the emergency declared in the Proclamation COVID-19 [Novel Coronavirus] that I issued on March 4, 2020, Supplemental Proclamation of Emergency or Disaster (COVID-19 [Novel Coronavirus]) that I issued on March 18, 2020, the Second Supplemental Proclamation of Emergency or Disaster (COVID-19 [Novel Coronavirus]) that I issued May 6, 2020 Third Supplemental Proclamation of Emergency or Disaster (COVID- 19 [Novel Coronavirus]) that I issued June 20, 2020, and the Fifth Supplemental Proclamation of Emergency or Disaster (COVID-19 [Novel Coronavirus]) I issued August 6, 2020. OVERVIEW The virus that causes Coronavirus 2019 Disease (“COVID-19”) is easily transmitted, especially in group settings, and it is essential that the spread of COVID-19 be slowed to protect the ability of public and private health care providers to handle the influx of new patients and to safeguard public health and safety. This Order addresses these ongoing concerns. At the present time, there is a resurgence of COVID-19 within the City. As of August 24, 2020, the City has had 6,181 confirmed cases of COVID-19, a record 4,374 of which are active cases, 352 related hospitalizations, and 41 related deaths. Due to the risk of the rapid spread of the virus causing COVID-19, and the need to protect all members of the City, especially including our members most vulnerable to the virus and also health care providers, this Order requires all individuals anywhere in the City to shelter in place that is, stay at home and work from home except for certain essential activities and work to provide essential business and government services or perform essential public infrastructure

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Page 1: CITY AND COUNTY OF HONOLULU...Honolulu, dated March 20, 2020 (“Mayor’s Rules”) promulgated under that section, each of the orders contained in this Order (“the Orders”) shall

KIRK W. CALDWELL MAYOR

ROY K. AMEMIYA, JR. MANAGING DIRECTOR

GEORGETTE T. DEEMER

DEPUTY MANAGING DIRECTOR

OFFICE OF THE MAYOR

CITY AND COUNTY OF HONOLULU 530 SOUTH KING STREET, ROOM 300 • HONOLULU, HAWAII 96813

PHONE: (808) 768-4141 • FAX: (808) 768-4242 • INTERNET: www.honolulu.gov

August 25, 2020

OFFICE OF THE MAYOR

CITY AND COUNTY OF HONOLULU

EMERGENCY ORDER NO. 2020-25

(COVID-19 [Novel Coronavirus])

SECOND STAY AT HOME / WORK FROM HOME ORDER

By the authority vested in me as Mayor of the City and County of Honolulu (the “City”)

pursuant to Revised Charter of the City and County of Honolulu 1973 (2017 Edition), as

amended; the Revised Ordinances of the City and County of Honolulu 1990, as amended; the

Hawai’i Revised Statutes, as amended (“Haw. Rev. Stat.”), the Constitution and laws of the

State of Hawai’i, I, KIRK W. CALDWELL, hereby issue this Second Stay At Home / Work

From Home order (the “Order”) to further address the emergency declared in the Proclamation

COVID-19 [Novel Coronavirus] that I issued on March 4, 2020, Supplemental Proclamation of

Emergency or Disaster (COVID-19 [Novel Coronavirus]) that I issued on March 18, 2020, the

Second Supplemental Proclamation of Emergency or Disaster (COVID-19 [Novel Coronavirus])

that I issued May 6, 2020 Third Supplemental Proclamation of Emergency or Disaster (COVID-

19 [Novel Coronavirus]) that I issued June 20, 2020, and the Fifth Supplemental Proclamation of

Emergency or Disaster (COVID-19 [Novel Coronavirus]) I issued August 6, 2020.

OVERVIEW

The virus that causes Coronavirus 2019 Disease (“COVID-19”) is easily transmitted, especially

in group settings, and it is essential that the spread of COVID-19 be slowed to protect the ability

of public and private health care providers to handle the influx of new patients and to safeguard

public health and safety. This Order addresses these ongoing concerns.

At the present time, there is a resurgence of COVID-19 within the City. As of August 24, 2020,

the City has had 6,181 confirmed cases of COVID-19, a record 4,374 of which are active cases,

352 related hospitalizations, and 41 related deaths.

Due to the risk of the rapid spread of the virus causing COVID-19, and the need to protect all

members of the City, especially including our members most vulnerable to the virus and also

health care providers, this Order requires all individuals anywhere in the City to shelter in place

— that is, stay at home and work from home — except for certain essential activities and work to

provide essential business and government services or perform essential public infrastructure

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construction, including housing. This Order is effective at 12:00 a.m. on August 27, 2020 and

will continue through September 9, 2020 subject to the limited exceptions and under the terms

and conditions more particularly set forth below.

Pursuant to Haw. Rev. Stat. § 127A-25 and the Rules of the Mayor City and County of

Honolulu, dated March 20, 2020 (“Mayor’s Rules”) promulgated under that section, each of the

orders contained in this Order (“the Orders”) shall have the force and effect of law. The Orders

are in accordance with and incorporate by reference all of my prior COVID-19 related

emergency proclamations and Hawai’i Governor David Y. Ige’s COVID-19 related emergency

proclamations.

Violation of any of the Orders is punishable as a misdemeanor, with fines of up to $5,000, up to

a year in jail, or both. Haw. Rev. Stat. § 127A-29; Mayor’s Rules.

I. ORDERS

Order 1: All individuals currently living within the City are ordered to stay at their place of

residence. To the extent individuals are using shared or outdoor spaces, they must at all times as

reasonably possible maintain physical distancing of at least six (6) feet from any other person

when they are outside their residence and comply with Social Distancing Requirements (as

defined in Section II.). All persons may leave their residences only for Essential Activities,

Essential Governmental Functions, or to operate or visit Essential Businesses, as those terms are

defined in Section II. Individuals experiencing homelessness are exempt from this Order 1 only,

but are strongly urged to obtain shelter, and governmental and other entities are strongly urged to

make such shelter available as soon as possible and to the maximum extent practicable (and to

use COVID-19 risk mitigation practices in their operation).

Order 2: All businesses with a facility in the City, except Essential Businesses (as defined in

Section II.F.), are required to cease all activities within such facilities, except Minimum Basic

Operations (as defined in Section II.G.). For clarity, businesses may also continue operations

consisting exclusively of employees or contractors performing activities at their own residences

(i.e., working from home). All Essential Businesses are strongly encouraged to remain open. To

the extent applicable and to the greatest extent feasible, Essential Businesses shall comply with

Social Distancing Requirements, including the six-foot physical distancing requirement for both

employees and members of the public (including customers standing in line inside and outside of

the facility).

Order 3: Gatherings.

A. Indoor and outdoor social gatherings of any type and any number of people are

prohibited. For purposes of this Order, a “social gathering” is a gathering or event

that brings together persons from multiple households or living units at the same

time for a discrete, shared or group experience in a single room, space, or place

such as a private home, park, auditorium, stadium, arena, conference room, lunch

room, meeting hall, or other indoor or outdoor space.

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B. This limitation on social gatherings does not apply to gatherings/events/activities

that are permitted under Section II. Nothing in this Order prohibits the gathering

of members of a household or living unit on their property (including shared

common areas).

Order 4: All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle,

automobile, or public transit, except Essential Travel and Essential Activities (as defined in

Section II), is prohibited. People must use public transit only for purposes of performing

Essential Activities; or to travel to and from Essential Businesses or maintain Essential

Governmental Functions. People riding on public transit must comply with Social Distancing

Requirements, as applicable, including the face covering requirements contained in Order 5 of

this Order. This Order allows travel into or out of the City to perform Essential Activities,

operate or visit Essential Businesses, or maintain Essential Governmental Functions.

Order 5: Non-Medical Grade Face Coverings.

All individuals within the City shall wear face coverings while outdoors in public spaces when

maintaining a physical distance of six (6) feet from persons who are not members of the same

household or living unit is not feasible.

All individuals within the City shall wear face coverings while indoors in public spaces,

including, but not limited to, enclosed common areas of commercial and residential buildings.

All employees who work at businesses or perform services at Essential Businesses, as provided

in Section II.F. of this Order, and City departments shall wear non-medical grade face coverings

over their noses and mouths when engaged and interacting with customers, visitors, and other

employees of the Essential Business or City department at issue.

All customers and visitors of businesses and organizations defined as Essential Businesses, as

provided in Section II.F. of this Order, and City departments shall wear non-medical grade face

coverings over their noses and mouths to provide additional protection for employees and

customers of Essential Businesses and City department at issue.

All passengers and users of public modes of transportation (TheBus and TheHandi-Van) shall

wear non-medical grade face coverings over their noses and mouths when on board.

An owner or operator of an Essential Business under this Order or City department may refuse

admission or service to any individual who fails to wear face coverings.

Face coverings under this Order may not be worn only under the following circumstances:

Within banks, financial institutions, or using automated teller machines where the

inability to verify the identity of the customer or visitor of the bank, financial

institution or automated teller machine poses a security risk;

By individuals with medical conditions or disabilities where the wearing of a face

covering may pose a health or safety risk to the individual;

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By individuals engaging in physical activity outdoors where physical distancing

can be maintained (e.g., walking, jogging, hiking, etc.);

By children under the age of 5;

By first responders (Honolulu Police Department, Honolulu Fire Department,

Honolulu Emergency Services Department) to the extent that wearing non-

medical grade face coverings may impair or impede the safety of the first

responder in the performance of his/her duty;

By children in childcare, educational, and similar facilities consistent with the

latest guidance from the Centers for Disease Control and Prevention (“CDC”) for

such facilities;

As allowed by another provision of this Order.

The wearing of face coverings under this Order is intended to complement, not serve as a

substitute, for physical distancing and cleanliness.

Definition: “Non-medical grade face covering” or “face covering” as used in this Order, means a

tightly woven fabric without holes, vents, or valves, that is secured to the head with either ties or

straps, or simply wrapped and tied around the wearer’s nose and mouth. It can be made of a

variety of fabrics such as cotton, silk, or linen and may be factory-made, sewn by hand, or made

from household items such handkerchiefs, scarfs, or shirts.

Recommendation: This Order requires non-medical grade face coverings to be worn in certain

circumstances. Individuals who are unable to wear a non-medical grade face covering due to

medical conditions or disabilities where the wearing of a face covering may pose a health or

safety risk to the person are encouraged to wear a face shield instead.

Any seller of non-medical grade face coverings or materials or supplies to make or manufacture

such face coverings shall abide by Haw. Rev. Stat. § 127A-30.

Order 6: Closure of City and State Parks

City and County of Honolulu parks and botanical gardens (“City Parks”) and State of Hawai’i

parks within the City (“State Parks”), are closed for use except as set forth below:

A. Individuals may travel through City and State Parks to engage in and return from

ocean activities such as surfing, solo paddling, swimming, and other activities

allowed by law.

B. Individuals may travel through City and State Parks to use comfort stations and

showers which shall remain open.

C. Shooting and archery ranges may remain open as determined by the City’s

Department of Parks and Recreation.

D. To the extent applicable, fishing is permitted, but no group of two (2) or more

individuals may engage in fishing and gathering.

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E. Individuals may travel through City and State Parks to perform critical health,

education, social services, and related activities for homeless, other at-risk

persons, and animal control services.

Order 7: Closure of Beaches

Consistent with Governor David Y. Ige’s COVID-19 related proclamations and approval of this

Order, all beaches and sand bars within the City are closed except:

A. To transit across or through beaches to access the ocean waters for outdoor

activities such as surfing, solo paddling, swimming, and individual fishing or

gathering (no group of two (2) or more individuals may engage in fishing or

gathering). No person shall otherwise walk, run, sit, stand, lie down, lounge,

sunbathe, or loiter on any state beach or sand bar in Hawai’i.

B. All other State or City restrictions related to COVID-19 must be followed,

including, but not limited to, any applicable quarantine restrictions.

Order 8: Singing and/or playing a wind instrument is prohibited.

In general, singing, and/or playing a wind instrument, and similar activities that increase the

presence and propulsion of respiratory droplets in the air are prohibited. However, such

activities are permitted provided they are performed at a gathering/business/operation authorized

under the Order, and the following mitigation measures are taken:

A. If the activity takes place outdoors:

1. Any person(s) singing and/or playing a wind instrument, etc. shall

maintain physical distancing of at least ten (10) feet from any other

person(s) while singing and/or playing a wind instrument, etc. Members

of the same performing group singing and/or playing a wind instrument,

etc. may be closer than ten (10) feet together while performing, provided

the group consists of less than ten (10) persons.

2. To the extent reasonable and practicable, a physical barrier (e.g.,

plexiglass) of sufficient size to mitigate the spread of COVID-19 shall

separate any person(s) singing and/or playing a wind instrument, etc. from

any other person(s), but not including members of the same performing

group.

B. If the activity takes place indoors:

1. Any person(s) singing and/or playing a wind instrument, etc. shall

maintain physical distancing of at least ten (10) feet from any other

person(s) while singing and/or playing a wind instrument, etc.

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2. A physical barrier (e.g., plexiglass) of sufficient size to mitigate the spread

of COVID-19 shall separate any person(s) singing and/or playing a wind

instrument, etc. from any other person(s), but not including members of

the same performing group.

II. DEFINITIONS AND EXEMPTIONS

A. For purposes of this Order, individuals may leave their residence only to perform

any of the following “Essential Activities.” However, people at high risk of

severe illness from COVID-19 and people who are sick are urged to stay in their

residence to the extent possible except as necessary to seek medical care.

To engage in activities or perform tasks essential to their health and safety,

or to the health and safety of their family or household members

(including, but not limited to, pets), such as, by way of example only and

without limitation, obtaining medical supplies or medication, visiting a

health care professional, or obtaining supplies needed to work from home.

To obtain necessary services or supplies for themselves and their family or

household members, or to deliver those services or supplies to others, such

as, by way of example only and without limitation, canned food, dry

goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and

poultry, and any other household consumer products, and products

necessary to maintain the safety, sanitation, and essential operation of

residences.

To engage in outdoor activity in locations as allowed by law, provided the

individuals comply with Social Distancing Requirements as defined in this

section, such as, by way of example and without limitation, swimming,

surfing, walking, or running (with or without pets).

To perform work providing essential products and services at an Essential

Business, Essential Government Function, or to otherwise carry out

activities specifically permitted in this Order, including Minimum Basic

Operations (as defined in Section II.G.).

To care for a person or pet in another household.

To obtain services, goods, or supplies from, or engage in activities at,

Essential Businesses (as defined in Section II.F.) or Essential Government

Functions.

To visit graveyards, mausoleums, and similar sites consistent with the

restrictions in this Order.

To engage in any other activity required or allowed by law.

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B. For purposes of this Order, individuals may leave their residence to work for or

obtain services at any “Healthcare Operations” including hospitals, clinics,

dentists, pharmacies, pharmaceutical and biotechnology companies, other

healthcare facilities, healthcare suppliers, home healthcare services providers,

mental health providers, or any related and/or ancillary healthcare services,

organizations collecting blood, platelets, plasma, and other necessary materials,

licensed medical marijuana dispensaries and licensed medical marijuana

production centers, eye care centers, including those that sell glasses and contact

lenses. “Healthcare Operations” also includes veterinary care and all healthcare

services provided to animals. Further, “Healthcare Operations” includes prepaid

health care plan contractors as that term is defined under Haw. Rev. Stat. ch. 393,

and other employer-sponsored health and welfare benefit plans, and/or individual

or group health insurance plans that provides healthcare insurance benefits for

payment or reimbursement for healthcare services provided by Healthcare

Operations. This exemption shall be construed broadly to avoid any impacts to

the delivery of healthcare, broadly defined. “Healthcare Operations” does not

include fitness and exercise gyms and similar facilities. “Healthcare Operations”

shall be conducted and performed in compliance with Social Distancing

Requirements to the extent applicable and reasonably possible, except that all

persons shall comply with the face coverings requirements set forth in Order 5 of

this Order.

C. For purposes of this Order, individuals may leave their residence to provide any

services or perform any work necessary to the operations and maintenance of

“Essential Infrastructure,” including, but not limited to, public works

construction, construction of housing (in particular affordable housing or housing

for individuals experiencing homelessness), airport operations, water, sewer, gas,

electrical, oil refining, roads and highways, public transportation, solid waste

collection and removal, internet, and telecommunications systems (including the

provision of essential global, national, and local infrastructure for computing

services, business infrastructure, communications, and web-based services),

provided that they carry out those services or that work in compliance with Social

Distancing Requirements to the extent applicable and reasonably possible, except

that all persons shall comply with the face coverings requirements set forth in

Order 5 of this Order. This Order shall be construed and applied in compliance

and consistent with the United States Department of Homeland Security,

Cybersecurity & Infrastructure Security Agency Memorandum on Identification

of Essential Critical Infrastructure Workers During COVID-19 Response, updated

August 12, 2020 (and any subsequent updates and guidance memoranda thereto).

D. Further, nothing in this Order shall prohibit any individual, or government

department or agency, from performing or accessing “Essential Governmental

Functions.” “Essential Government Functions” means all services needed to

ensure the continuing operation of the government agencies and provide for the

health, safety and welfare of the public and includes, but is not limited to, all first

responders, emergency management personnel, emergency dispatchers, members

of the judiciary and related court personnel, law enforcement personnel, jails and

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prison personnel, and health, education, and social service providers. All

Essential Governmental Functions shall be conducted and performed in

compliance with Social Distancing Requirements to the extent applicable and

reasonably possible, except that all persons shall comply with the face coverings

requirements set forth in Order 5 of this Order.

E. For the purposes of this Order, covered businesses include any for-profit, non-

profit, or educational entities, regardless of the nature of the service, the function

they perform, or its corporate or entity structure.

F. For the purposes of this Order, “Essential Businesses” must comply with Social

Distancing Requirements to the extent applicable and reasonably possible, except

that all persons shall comply with the face coverings requirements set forth in

Order 5 of this Order. “Essential Businesses” means:

Healthcare Operations and Essential Infrastructure;

Grocery stores, certified farmers’ markets, farm and produce stands,

supermarkets, food banks, convenience stores, and other establishments

engaged in the retail sale of canned food, dry goods, fresh fruits and

vegetables, pet supply, fresh meats, fish, and poultry, and any other

household consumer products (such as cleaning and personal care

products). This includes stores that sell groceries and also sell other non-

grocery products, and products necessary to maintaining the safety,

sanitation, and essential operation of residences;

Food cultivation, including farming, livestock, and fishing;

Businesses that provide food, shelter, and social services, and other

necessities of life for economically disadvantaged or otherwise needy

individuals;

Newspapers, television, radio, and other media services;

Gas stations and auto and bicycle supply, auto and bicycle repair, towing

services, and related facilities;

Banks and related financial institutions. This provision shall be construed

and applied in compliance and consistent with the United States

Department of Homeland Security, Cybersecurity & Infrastructure

Security Agency Memorandum on Identification of Essential Critical

Infrastructure Workers During COVID-19 Response, dated August 12,

2020 (and any subsequent guidance memoranda thereto), and the United

States Department of the Treasury Memorandum for Financial Services

Sector Essential Critical Infrastructure Workers, dated March 22, 2020

(and any subsequent guidance memoranda thereto);

Hardware stores;

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Plumbers, electricians, exterminators, and other service providers who

provide services that are necessary to maintaining the safety, sanitation,

and essential operation of residences, Essential Activities, and Essential

Businesses;

Businesses providing mailing and shipping and delivery services, and

businesses that ship or deliver groceries, food, alcoholic and non-alcoholic

beverages, goods or services to residences and end users or through

commercial channels, and including post office boxes;

Educational institutions—including public and private K-12 schools,

colleges, and universities—for purposes of facilitating distance learning,

performing critical research, or performing essential functions, provided

that social distancing of six (6)-feet per person is maintained to the

greatest extent possible. Restrictions on operations for educational

institutions contained in this Order do not apply to the University of

Hawaii System or the State Department of Education.;

Laundromats, dry cleaners, industrial laundry services, and laundry

service providers;

Restaurants and other facilities that prepare and serve food, but only for

delivery or carry out.

a. Schools and other entities that typically provide food services to

students or members of the public may continue to do so under this

Order on the condition that the food is provided to students or

members of the public on a pick-up and takeaway basis only,

provided that social distancing of six (6)-feet per person is

maintained to the greatest extent possible. Schools and other

entities that provide food services under this exemption shall not

permit the food to be eaten at the site where it is provided, or at

any other gathering site;

b. Cafeterias, lunchrooms, or dining facilities providing food and

beverage services located within “healthcare facilities” as that term

is defined under Haw. Rev. Stat. § 321-15.2 and similar facilities,

may continue to do so under this order, provided that consumption

within the cafeteria, lunchroom, or dining facility located within

the healthcare facility is restricted to employees of the healthcare

facility; patients of the healthcare facility; and no more than two

(2) authorized visitors of the patient of the healthcare facility that

have been appropriately screened by the healthcare facility in

compliance with all of the facility’s protocols related to infectious

disease control measures and processes.;

Businesses that supply products needed for people to work from home;

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Businesses that supply other Essential Businesses with the support or

supplies necessary to operate;

Airlines, taxis, and other private transportation providers, vehicle rental

services, paratransit, and other private, public, and commercial

transportation and logistics providers providing transportation services

necessary for Essential Activities and other purposes expressly authorized

in this Order;

Home-based care for seniors, adults, or children, and/or people with

developmental disabilities, intellectual disabilities, substance use

disorders, and/or mental illness, including care givers such as nannies who

may travel to the child’s home to provide care, and other in-home services,

including meal delivery;

Facilities and shelters for seniors, adults, and children, and/or people with

developmental disabilities, intellectual disabilities, substance use

disorders, and/or mental illness;

Professional services, such as legal or accounting services, insurance

services, real estate services (including appraisals and title services) when

necessary to assist in compliance with legally mandated activities;

Childcare facilities providing services that enable employees to work, or

engage in activities as permitted. Childcare facilities must operate in

accordance with State of Hawai’i Department of Human Services

requirements;

Businesses that provide food, shelter, and other necessities of life for

animals, including animal shelters, rescues, kennels, and adoption

facilities;

Hotels and motels, to the extent used for lodging; and service providers to

hotels and motels that provide services that are necessary to maintaining

the safety, sanitation, and essential operations of the hotel and/or motel;

Funeral, mortuary, cremation, burial, cemetery, and related services,

provided that each death-related event (funeral, etc.) is: (a) limited to 10

individuals maximum (with members from different households/living

units maintaining physical distance of at least six (6) feet between each

other at all times); (b) face coverings are worn consistent with Order 5;

and (c) there is compliance with all other applicable Social Distancing

Requirements;

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Critical trades. Building and construction tradesmen and tradeswomen,

and other trades, including but not limited to, plumbers, electricians,

exterminators, cleaning and janitorial staff for commercial and

governmental properties, security staff, operating engineers, HVAC,

painting, moving and relocation services, and other service providers who

provide services that are necessary to maintaining the safety, sanitation,

and essential operations of residences, Essential Activities, and Essential

Businesses;

Critical labor union functions that are essential activities that include the

administration of health and welfare funds and personnel checking on the

well-being and safety of members providing services in Essential

Businesses or Essential Government Functions, provided that these checks

should be done by telephone or remotely;

Licensed private detectives and agencies and guards and agencies as those

terms are defined under Haw. Rev. Stat. ch. 463.

Fabric Sellers/Suppliers, under the following conditions:

a. The business is primarily engaged in selling fabric and related

supplies (“Fabric Store(s)”);

b. Only two customers are allowed in the Fabric Store at a time, and

the Fabric Store has implemented effective procedures to prevent

any line from forming outside (appointment-only system, etc.);

c. All orders from the Fabric Store, other than those to be made in

person pursuant to sub-section II.F.27.b. (above), are facilitated

exclusively online, or by other remote means;

d. Orders from the Fabric Store, other than those to be made in

person pursuant to sub-section II.F.27.b. (above), are fulfilled by

no-contact delivery; a business providing mailing and shipping and

delivery services to residences and end users or through

commercial channels; or by curbside pick-up consistent with

Social Distancing Requirements;

e. In-person and pick-up orders from the Fabric Store are solely for

the purpose of obtaining materials necessary to make masks; and

f. The physical presence of workers at the Fabric Store is limited to

the greatest extent feasible.

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In-person spiritual services. In-person spiritual services may be conducted

provided Social Distancing Requirements are adhered to including, but not

limited to, the wearing of face coverings and physical distancing.

29. Film and television production. All local, national, and international film

production, television production, streaming production, and similar

production may operate in the City based on the guidelines and

recommendations for production cast and crew members available at:

https://www.honolulu.gov/rep/site/oed/oed_docs/Guidelines_and_Best_Pr

actices_for_filming_on_the_Island_of_Oahu_during_the_time_of_COVI

D_060320.pdf. Compliance with the Order and the COVID-19 related

proclamations issued by the State is required, including all travel

quarantine requirements as modified by the guidelines and

recommendations available at:

https://www.honolulu.gov/rep/site/oed/oed_docs/Modified_Quarantine_Pr

ocedures-Honolulu-060320.pdf.

G. For the purposes of this Order, “Minimum Basic Operations” include the

following, provided that employees comply with Social Distancing Requirements

as defined this section, to the extent applicable and reasonably possible, except

that all persons shall comply with the face coverings requirements set forth in

Order 5 of this Order, while carrying out such operations:

The minimum necessary activities to maintain the value of the business’s

inventory, ensure security, process payroll and employee benefits, or for

related functions.

The minimum necessary activities to facilitate employees of the business

being able to continue to work remotely from their residences.

H. For the purposes of this Order, “Essential Travel” includes travel for any of the

following purposes. Individuals engaged in any Essential Travel must comply

with all Social Distancing Requirements to the extent applicable and reasonably

possible, except that all persons shall comply with the face coverings

requirements set forth in Order 5 of this Order.

Any travel related to the provision of or access to Essential Activities,

Essential Governmental Functions, Essential Businesses, or Minimum

Basic Operations.

Travel to care for elderly, minors, dependents, persons with disabilities, or

other vulnerable persons.

Travel to or from educational institutions for purposes of receiving

materials for distance learning, for receiving meals, and any other related

services.

Travel to return to a place of residence from outside the jurisdiction.

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Travel required by law enforcement or court order.

Travel required for non-residents to return to their place of residence

outside the City. Individuals are strongly encouraged to verify that their

transportation out of the City remains available and functional prior to

commencing such travel.

I. For purposes of this order, residences include hotels, motels, shared rental units,

and similar facilities.

J. For purposes of this order Social Distancing Requirements include the

following:

1. High risk populations. Elderly and others at high risk for COVID-19 are

urged to stay in their residences to the extent possible, except as necessary

to seek medical care.

2. Persons who are sick. Persons who are sick or have a fever or cough or

are exhibiting symptoms such as shortness of breath or difficulty

breathing, chills, repeated shaking with chills, muscle pain, headache, sore

throat, or new loss of taste or smell, are urged to stay in their residences to

the extent possible, except as necessary to seek medical care.

3. Personal hygiene. Persons are encouraged to wash their hands with soap

and water for at least twenty seconds as frequently as possible or use hand

sanitizer, cover coughs and sneezes (into the sleeve or elbow, not hands),

regularly clean high-touch surfaces, and avoid unnecessary contact with

others (shaking hands, etc.).

4. Six (6)-foot distances. All persons shall maintain a minimum of six (6)-

feet of physical separation from all other persons. Essential Businesses (to

the degree applicable) shall designate with signage, tape, or by other

means six (6)-foot spacing for employees and customers in line to

maintain appropriate distance. Employees shall monitor and enforce the

six (6)-foot distancing requirement set forth in this Order, whether outside

waiting lines or as customers move about inside a facility. Checkout

operations shall be modified, to the extent reasonably feasible, to provide

this separation or to provide a transparent shield or barrier between

customers and checkout clerks.

5. Limited Customer Occupancy. Each Essential Business facility shall

determine the maximum number of customers that may be accommodated

while maintaining the specified separation distance and limiting the

number of customers in the facility or at the operation to that maximum

number at any time, to the extent there is no conflict with any existing law

or order.

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6. Face Coverings. All persons shall comply with the Non-Medical Grade

Face Coverings requirements set forth in Order 5 of this Order.

7. Hand sanitizer and sanitizing products. Essential Businesses (to the

degree applicable) shall make hand sanitizer and sanitizing products

readily available for employees and customers. Employees handling items

from customers, such as cash or credit cards, shall frequently utilize hand

sanitizers.

8. Disinfection. Essential Businesses (to the degree applicable) shall

regularly disinfect all high-touch surfaces.

9. Safeguards for high risk populations. Essential Businesses (to the degree

applicable) are urged to implement processes to safeguard elderly and high

risk customers.

10. Online and remote access. Essential Businesses (to the degree applicable)

shall post online whether a facility is open and how best to reach the

facility and continue services by phone or remotely. Essential Businesses

(to the degree applicable) shall encourage their customers to do their

business remotely by phone or online to the extent possible.

11. Pickup at store or delivery. Essential Businesses (to the degree applicable)

shall provide for, if feasible, online ordering and purchase of goods and

customer pickup of orders at a location outside the facility or shall provide

for delivery to customer locations.

12. Signage. Essential Businesses (to the degree applicable) shall post a sign

at the entrance of the facility informing all employees and customers that

they must comply with the Non-Medical Grade Face Coverings

requirements set forth in Order 5 of this Order; avoid entering the business

or operation if they have a cough or fever or otherwise do not feel well;

maintain a six-foot distance from one another; and not shake hands or

engage in unnecessary physical contact.

III. BASIS FOR THE ORDER

This Order is issued based on evidence of COVID-19 within the City, as reported by the Centers

for Disease Control and Prevention (CDC), the State Department of Health, and guidance from

the City’s medical advisory experts, scientific evidence and best practices regarding the most

effective approaches to slow the transmission of communicable diseases generally and COVID-

19 specifically, and evidence that the age, condition, and health of a significant portion of the

population of the City places it at risk for serious health complications, including death, from

COVID-19.

Due to the outbreak of the COVID-19 virus in the general public, which is a pandemic according

to the World Health Organization, there is a public health emergency throughout the City. In

addition, some individuals who contract the COVID-19 virus have no symptoms or have mild

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symptoms, which means they may not be aware they carry the virus. Because even people

without symptoms can transmit the virus, and because evidence shows that it is easily spread,

gatherings can result in preventable transmission of the virus.

The scientific evidence shows that at this stage of the emergency, the spread of the virus is

spiraling out of control. It is essential to slow virus transmission as much as possible to protect

the most vulnerable and to prevent the health care system from being overwhelmed, while also

allowing access to basic life necessities. One proven way to slow the transmission is to limit

interactions among people to the greatest extent practicable. This Order helps preserve critical

and dwindling healthcare capacity in the City while allowing essential community activity and

functions to continue.

This Order is also issued in light of the fact that as of August 24, 2020, the City has had 6,181

confirmed cases of COVID-19, a record 4,374 of which are active cases, 352 related

hospitalizations, and 41 related deaths.

IV. INTENT

The intent of this Order is to ensure that the maximum number of people self-isolate in their

places of residence to the maximum extent feasible, while enabling essential services to

continue, to slow the spread of COVID-19 to the maximum extent possible. When people need

to leave their places of residence, whether to obtain or perform vital services, or to otherwise

facilitate authorized activities necessary for continuity of social and commercial life, they shall,

as applicable and at all times reasonably possible, comply with Social Distancing Requirements

as defined in Section II., except that all persons shall comply with the Non-Medical Grade Face

Coverings requirements set forth in Order 5 of this Order. All provisions of this Order should be

interpreted to effectuate this intent.

V. GENERAL

A. Superseding Order. Emergency Order Nos. 2020-01 through 2020-24 issued by

the Office of the Mayor City and County of Honolulu related to the COVID-19

pandemic) are hereby rescinded (to the extent they have not been already) and are

superseded by this Order. Section 5 of the Supplemental Proclamation of

Emergency or Disaster (COVID-19 [Novel Coronavirus]) issued on March 18,

2020, is hereby superseded to the limited extent necessary to carry out this Order.

B. Duration. This Order shall take effect at 12:00 a.m. on August 27, 2020 and

shall continue in force and effect through September 9, 2020, or until it is

extended, rescinded, superseded, or amended by a subsequent order, or as

otherwise provided under Haw. Rev. Stat. ch. 127A.

C. Enforcement. All law enforcement of the State of Hawai’i and City shall ensure

compliance with and enforce these Orders in accordance with Haw. Rev. Stat.

§ 127A-29 and Mayor’s Rules.

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D. Promul2ation/postin2. This Order shall be posted on the City website as soon aspracticable in one or more appropriate places, and shall remain posted while ineffect.

E. Severability. If any provision of the Orders or their application to any person orcircumstance is held to be invalid, the remainder of the Orders, including theapplication of such part or provision to other persons or circumstances, shall notbe affected and shall continue in full force and effect. To this end, the provisionsof the Orders are severable.

KIRK W. CALD WELLMayorCity and County of Honolulu

APPROVED:

PAUL S. AOKICorporation Counsel DesignateCity and County of Honolulu

APPROVED:

DAVID Y.Governor

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